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The market realities that undermine the antitrust case against Google

As the Google antitrust discussion heats up on its way toward some culmination at the FTC, I thought it would be helpful to address some of the major issues raised in the case by taking a look at what’s going on in the market(s) in which Google operates. To this end, I have penned a ... The market realities that undermine the antitrust case against Google

Dear DOJ: Take a Look at the Law Schools.

The U.S. Department of Justice sued eBay last week for agreeing not to poach employees from rival Intuit. According to the Department’s press release, “eBay’s agreement with Intuit hurt employees by lowering the salaries and benefits they might have received and deprived them of better job opportunities at the other company.” DOJ maintains that agreements among ... Dear DOJ: Take a Look at the Law Schools.

Podcast Panel: Software Patents – Boon or Bane for Technological Innovation?

http://www.fed-soc.org/publications/detail/boon-or-bane-for-technological-innovation-software-patents-podcast Although pure software patents are only a couple decades old, they have become the focus of a heated innovation policy debate. On the one hand, new technological innovation once imagined only as science fiction is now a commonplace feature of our lives — tablet computers, smart phones, wireless telecommunication, cloud computing, and streaming television, ... Podcast Panel: Software Patents – Boon or Bane for Technological Innovation?

Forget remedies – FairSearch doesn’t even have a valid statement of harm in its Google antitrust criticism

After more than a year of complaining about Google and being met with responses from me (see also here, here, here, here, and here, among others) and many others that these complaints have yet to offer up a rigorous theory of antitrust injury — let alone any evidence — FairSearch yesterday offered up its preferred ... Forget remedies – FairSearch doesn’t even have a valid statement of harm in its Google antitrust criticism

Teleforum on Software Patents on Tuesday, Nov. 6, at 2pm

A nice way to take a break from Election Day stress about this fingernail-biting-close election is to listen to some panelists talk about something that is truly important — software patents! 🙂 It a great panel, notwithstanding my participation, and it promises to be a lot of fun and informative.  So, call in for the ... Teleforum on Software Patents on Tuesday, Nov. 6, at 2pm

The “Patent Litigation Explosion” Canard

We often hear today that there’s an unprecedented “patent litigation explosion” that’s killing innovation. Last week, the New York Times plied this claim without abandon in its hit piece on high-tech patents.  It’s become so commonplace that this phrase garners over 1.3 million hits on Google. It’s especially common fare in discussions about the “smart ... The “Patent Litigation Explosion” Canard

Should the FTC Sue Google Over Search? A TechFreedom Debate This Friday

I will be speaking at a lunch debate in DC hosted by TechFreedom on Friday, September 28, 2012, to discuss the FTC’s antitrust investigation of Google. Details below. TechFreedom will host a livestreamed, parliamentary-style lunch debate on Friday September 28, 2012, to discuss the FTC’s antitrust investigation of Google.   As the company has evolved, expanding outward from ... Should the FTC Sue Google Over Search? A TechFreedom Debate This Friday

Top 10 Papers for Journal of Antitrust: Antitrust Law & Policy eJournal (June 4, 2012 to August 3, 2012)

HT: Danny Sokol. TOP 10 Papers for Journal of Antitrust: Antitrust Law & Policy eJournal June 4, 2012 to August 3, 2012. Rank Downloads Paper Title 1 244 The Antitrust/Consumer Protection Paradox: Two Policies at War with Each Other  Joshua D. Wright, George Mason University – School of Law, Faculty, Date posted to database: May 31, ... Top 10 Papers for Journal of Antitrust: Antitrust Law & Policy eJournal (June 4, 2012 to August 3, 2012)

From the Thursday May 24 Wall Street Journal

In criticizing Governor Romney’s involvement with Bain Capital, President Obama commented both on private equity and on profit maximization.  Most of the comments I have seen dealt with the private equity.  I thought a comment on profit maximization was important as well. OPINION Updated May 23, 2012, 7:51 p.m. ET A Tutorial for the President ... From the Thursday May 24 Wall Street Journal

When Is Deception an Antitrust Offense? The FTC’s Unorthodox Case Against Google

Last week, the FTC hired outside litigator Beth Wilkinson to lead an investigation into Google’s conduct, which some in the press have interpreted as a grave sign for the search company. The FTC is reportedly interested in pursuing Google under Section 5 of the FTC Act, which prohibits a firm from engaging in “unfair methods ... When Is Deception an Antitrust Offense? The FTC’s Unorthodox Case Against Google

AALS Section on Antitrust and Economic Regulation Call for Papers: Google and Antitrust

The AALS Section on Antitrust and Economic Regulation call for papers features a topic near and dear to my heart this year: Google and Antitrust.   Here is the announcement: Call for Papers Announcement AALS Section on Antitrust and Economic Regulation Google and Antitrust   2013 AALS Annual Meeting January 4-7, 2013 New Orleans, Louisiana ... AALS Section on Antitrust and Economic Regulation Call for Papers: Google and Antitrust

Taxing Regulatory Failure

Last month, the IRS and the US Treasury Department issued proposed rules to implement a new tax on health insurance providers and self-insured groups. The tax is part of the Patient Protection and Affordable Care Act (ACA) and will be used to help fund the new Patient-Centered Outcomes Research Institute (PCORI), which will conduct research ... Taxing Regulatory Failure